1st Floor

Innovation House

Ballybrit Business Park



Tel: +353 91 748006

Email: info@nuark.ie

Inevitably, in Construction/Development, disputes can arise. The remedy for such disputes depends largely on the nature of the dispute  i.e. who you are; the contractual relations you are entering into; and the nature of the project. However, regardless of the dispute resolution process chosen there are various levels of preparation required and this is where NuArk can help.


The construction process involves events and issues that can be highly technical and factually complex. Therefore, it is imperative that those involved in a dispute have a neutral expert available to them who can truly understand the nature of the issues involved.


Our in-house team of construction contract administration experts can provide expert assistance to all parties involved in construction and engineering projects where disputes arise. Our clients include employers, developers, contractors, sub-contractors, construction professionals and lenders/funding institutions.


We can provide contract advice and management for any of the chosen dispute resolution processes including:-


à Negotiation In this informal method of dispute resolution NuArk can assist the parties to a contract in the negotiation process by means of contract advice in a manner that promotes the parties’ interests, yet preserves the parties’ relationship.


à Mediation Services - In a construction-related mediation, which can involve complex technical issues and damages elements which are not substantiated, we can facilitate parties explore the strengths and weaknesses of their cases by means of a Claim Validity Review, and assist parties to frame and transmit settlement offers.








à Adjudication Disputes can arise between employers and contractors or contractors and sub-contractors regarding outstanding payment issues. With the introduction of the Construction Bill 2010 a party to a construction contract has the right to refer a dispute arising under the contract to adjudication by an independent third party. In this instance NuArk can assist in reviewing the contract so as to allow decisions to be made promptly.




à Concilliation Sometimes each party to a contract interprets the contract clauses differently, due to ambiguities, and this ends up with each party having a different view of the claims. It is then that Concilliation may be chosen as the best course of action to resolve the dispute. However, the Concilliation Process is one that requires considerable input from both sides and therefore can be a significant drain on the resources of a company. NuArk can assist the parties involved by bringing them to a mutual agreed understanding of the claims by means of a review of claims and presentation of such so as to ensure best results.


à Arbitration When Construction disputes are not resolved, they commonly escalate to legal action involving arbitration or litigation.  Supported by a statutory framework Arbitration is commonly used in construction disputes in Ireland. The Arbitrator sits as the judge and follows procedure akin to those applied to the Courts. NuArk  can assist in the arbitration process where the arbitrator does not have a construction background.


à Litigation - Sometimes the costlier, more time-consuming legal route of litigation is taken. In this instance NuArk can assist by producing claim submissions and working with legal teams to ensure a clear and concise presentation of your claim.